The Court of Appeal affirmed the decision at trial that an insurer had a duty to indemnify against and defend an action brought by Dayton Hewson, an insured under a policy of liability insurance, against his father and mother, Larry and Jean Hewson, also insured under the same policy. The insurer argued that an exclusion clause in the policy excluded liability coverage for an insured in respect of a claim brought by another insured. The trial judge found that Dayton was an employee of his father, and therefore the exclusion clause did not apply. The Court of Appeal upheld the trial finding that the wording of the exclusion clause was ambiguous, and the definition of “employee” was reasonable; therefore, there was no error sufficient to warrant interference by the Court of Appeal.
20. August 2004 0
Wawanesa Mutual Insurance Co. v. Hewson,  S.J. No. 534, Saskatchewan Court of Appeal